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German solar plans EEG court action

Germany’s solar industry federation BSW Solar and consumer protection groups are planning a constitutional claim against the introduction of a new levy on self-consumption in the wake of a reform of the country’s Renewable Energies Act (EEG) that was approved by the cabinet in Berlin this week.

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According
to an expert report by the Geiser & von Oppen law firm in Berlin, there
are clear indications that the levy is violating Germany’s Basic Law, the
groups claim.

The
proposal by the government in Berlin for the first time wants to extend a surcharge to finance the expansion of renewables to include self-consumed electricity.

It stipulates that energy-intensive industries will have to pay
15% of the levy that currently is set at €0.062 per kWh of produced
electricity, while producers of renewable energies would be burdened with 50%
of the surcharge. Small rooftop PV installations of up to 10kW will be exempt.

The BSW Solar has repeatedly warned that a
levy on self-consumption would choke off the already decreasing solar market in
the country.

Holger Krawinkel, who heads consumer policy
at the federation of German consumer groups VZBZ, said new PV installations
don’t cause any significant additional costs for consumers, but help the
environment.

“Self-consumption is a significant part of
the Energiewende,” Krawinkel says.

“But the current plans are stopping consumers
from contributing to a environmentally friendly generation of electricity.”